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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance.
Nevertheless, the defendant, without registering foreign exchange business, has conducted foreign exchange business as follows.
1. On April 21, 2012, at around 00:49, the Defendant received KRW 2,850,000 in the Chinese name from a national bank account (C) in the name of B to the Defendant’s mother who was used by the Defendant for the purpose of returning to the Republic of Korea, and paid USD 2,850,00 in the name of B, from May 9, 2012, the Defendant paid USD 2,850,00 equivalent to the same amount to D or its related persons through E in the territory of E in the territory of Marcar, 2012, from that time to May 9, 2012, the Defendant received KRW 289,810,000 in total from Korean tourists, etc. who wish to transfer from Korea to Marcar, Korea, and paid USD 289,810,000 equivalent to the same amount
2. On April 21, 2012, around 00:51, the Defendant received USD 3,230,000 equivalent to that from F or his related persons who wish to transfer from Mcar to Korea from the Republic of Korea through the above E, and from that time, the Defendant transferred KRW 3,230,000 to F’s account from the national bank account in the above B’s name through phones, from May 9, 2012, the Defendant received USD 3,230,000 from the Korean tourists, etc. who wish to transfer from Mcar local to Korea, and transferred it to the domestic account designated by the related persons through phone banking, smartphone banking, etc.
Summary of Evidence
1. Each protocol concerning the examination of the suspect against the defendant;
1. Each police statement made to B, G, and H;
1. Application of Acts and subordinate statutes, such as a statement of accounts transactions;
1. Relevant provisions of the Foreign Exchange Transactions Act concerning facts constituting the crime;